VASUDEV DAULATRAM SADARANGANI Vs. SAJNI PREM LALWANI

JUDGEMENT

(1.) The petitioner seeks Letters of Administration with the Will annexed of his father Daulatram Jamnadas Sadarangani (referred to hereafter as "the deceased"), who died on 3rd January, 1974. The caveatrix is the petitioners sister and the deceaseds daughter. In her affidavit-in-support of the caveat she resists the petitioner on the ground that Will which is in the handwriting of her brother Kanayalal with whom the deceased was not on good terms is a forgey as the signature on the Will is not of her father, and "appears to have been forged after the death of my father" and one of the attesting witnessess Dr. Tapan Bhattacharya have been prevailed upon to attest the document and further that the said Will cannot be the free Will of her father. At the hearing, I was invited to raise the issue of limitation which being a point of law I did, though not averred in the caveatrixs affidavit.

(2.) The following issues were raised :---

(3.) The petitioner led the evidence of one of the attesting witnesses Tapan Kumar Bhattacharya. The caveatrix examined herself as a witness.